Criminal Procedure Code, 1973, Section 157, Indian Penal Code, 1860, Section 302, 34 -- Delay in sending FIR to Magistrate - Murder case - Where recording of FIR is proved on record, mere delay of 5 days in dispatch of FIR from the police station to Magistrate Court has no bearing on the basis of which any adverse inference can be drawn, particularly when no questions were..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Testimony of eye-witnesses - Deceased and accused both belong to same locality - Occurrence was witnessed by several witnesses including eye witnesses who proved prosecution case - All the eye witnesses deposed in one voice regarding presence of accused at the place of occurrence, about giving instructions to shoot..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376, 417 -- Delayed FIR - Rape - Delay in lodging FIR explained by parents of prosecutrix, as FIR lodged when accused refused to marry prosecutrix and she was five months pregnant - Omission to mention in FIR that accused after initial incident frequently used to have physical relationship with..........
Indian Penal Code, 1860, Section 376 -- Rape - False pretext of marriage - Accused allegedly committed forcible act of sexual assault on prosecutrix and continued to have sexual intercourse with prosecutrix on the pretext of marriage, consequently she conceived and delivered a child - Accused is the biological father of child born to prosecutrix - Absence of a medical..........
Indian Penal Code, 1860, Section 417 -- Cheating - Rape - False pretext of marriage - First incident was clearly an act of sexual assault perpetrated forcibly against prosecutrix - However, there is uncertainty as to whether subsequent acts of sexual intercourse were consensual or were based on deception played by accused on the pretext of marriage - Conviction u/s 417 IPC..........
Indian Penal Code, 1860, Section 376 -- Rape - Reduction of sentence - Trial Court awarded R.I for 3 years u/s 417 IPC and 10 years u/s 376 IPC to run concurrently - Since, conviction u/s 417 IPC is set aside, it would be fair to reduce the sentence for offence u/s 376 IPC to a period of 7 years - Amount of fine however, remains unchanged...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Prosecutrix already examined - Few other material witnesses were yet to be examined - As per record, threats were..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - Supreme Court would normally not interfere with such a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 366A, 420, 370A, 212, 34, 120B, Protection of Children from Sexual Offences Act, 2012, Section 6, 8, Immoral Traffic Act, 1956, Section 4, 5, 6 -- Rape of minor girl - Bail - Granted by High Court - Plea against grant of bail - When bail is granted against principles of law, while undertaking..........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Accused assaulted his sister in the heat of passion upon certain quarrel and without acting in a cruel or unusual manner - He was unarmed at the relevant time and picked up something which was lying there and handy - Sole eye witness of crime stated that accused had no intention to kill deceased -..........
